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2003 Supreme(Pat) 265

R.S.GARG, SACHCHIDANAND JHA, NARAYAN ROY
In Re – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sachchidanand Jha, J.

1. These proceedings arise out of an unfortunate incident which took place in and around the Court of the District and Sessions Judge, Rohtas at Sasaram on 19-1-2002.

2. Briefly stated, notice was issued by the Sessions Judge, Rohtas to the Officer-in-Charge of Bikramganj Police Station, S.I. Arun Paswan, to show-cause in terms of sec. 349 of the Criminal Procedure Code for non-production of the case diary despite adjournments in connection with hearing of Bail Petition No. 1671 /2001 arising out of Bikramganj P.S. Case No. 200/2001 under Secs. 302 and 201/34 of the Indian Penal Code, 1860. On 19-1-2002, SI Arun Paswan appeared before the Sessions Judge and filed show-cause along with papers. The Sessions Judge found that the case diary had been written only up to 28-11-2001. After show-cause notice was issued three paragraphs were written but there was no investigation after 28-11-2001, even though it was a Special Report case. The learned Judge found that from the Station Diary it appeared that the Officer was present at the police station upto 9-1-2001 but did not care to send the case diary. The learned Judge concluded that his conduct amounted to





























































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